Attorneys representing Carter County have filed responses to a pair of lawsuits brought against the county and a local constable claiming the constable falsely detained him and held him at gunpoint during a traffic stop in violation of his constitutional rights.

In November 2017, Cecil H. Perry III, of Mountain City, filed lawsuits in the U.S. District Court in Greeneville and the Carter County Circuit Court and both suits contain the same allegations against Brown regarding a traffic stop that happened on Dec. 2, 2016.

The lawsuits allege that Carter County is liable for Brown’s actions because he is a county official and the county failed to properly train him as a constable. The lawsuits also claim the county demonstrated “deliberate indifference” by reinstating Brown as a constable after he had previously resigned from the post.

In the county’s response to the lawsuit, the county claims that as a constable, Brown is a state elected official, not a county official. The response also states the county has no authority regarding training or supervision for constables, once again stating constables are state officials.

“This defendant asserts that Barney Brown, as an elected Constable, should be deemed a State official and that no valid cause of action exists against Carter County,” the response to the federal lawsuit states.

Regarding the reappointment of Brown to the position of Constable, the county states in the response that the Commission did reappoint Brown, but that term of office expired in 2014, at which time, Brown was re-elected by the citizens of his district. That re-election by the citizens occurred before the traffic stop at the center of Perry’s allegations, the county states in the response.

In the response to the local lawsuit, the county points to allegations made regarding Perry’s conduct during the traffic stop as part of Brown’s response to the local lawsuit.

“As an alternative affirmative defense, this defendant asserts that the fault of the plaintiff, Cecil Perry, should be assessed and that he should be barred from recovery or that any recovery should be reduced by his own negligence to the extent that he is determined to have been negligent during his interactions with Constable Brown,” the response to the local lawsuit states.

In the responses filed to both lawsuits, the County asks the court to dismiss the suits against the County on the grounds the County has no authority over or responsibility for the constables.

Brown previously filed a response to the lawsuit filed in Carter County Circuit Court in which he admits that he did pull his gun during the traffic stop on Perry but asserts that he did it in fear of his safety based on Perry’s actions and demeanor. Brown has not yet filed a response to the lawsuit filed in federal court.

In addition to the pair of lawsuits, Brown also faces criminal charges in connection with the allegations made by Perry regarding the traffic stop. The incident was investigated by the Tennessee Bureau of Investigations.

On March 13, 2017, the Carter County Grand Jury indicted Brown on charges of aggravated assault and official oppression in connection with the incident reported by Perry. That criminal case is still pending in Carter County Criminal Court at this time, and he is scheduled to stand trial on August 22.